HomeMy WebLinkAbout20050785.tiff RESOLUTION
RE: APPROVE IMPROVEMENTS AGREEMENT (LANDSCAPE IMPROVEMENTS) FOR
AMENDED SITE PLAN REVIEW, AMSPR #188 - BIG R MANUFACTURING, LLC
WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to
Colorado statute and the Weld County Home Rule Charter, is vested with the authority of
administering the affairs of Weld County, Colorado, and
WHEREAS, on December 26, 2002, the Department of Planning Services staff approved
Amended Site Plan Review,AMSPR-188,for WSW, Inc.(Big R Manufacturing, LLC),19060 Weld
County Road 66, Greeley, Colorado 80631, for Steel and Bridge Manufacturing, Fabrication and
Distribution Facility,including Sandblasting and Painting,and Outside Storage of Raw Materials and
Finished Products on the following described real estate, to wit:
Part of the W1/2 of Section 29,
Township 6 North, Range 66 West of
the 6th P.M., Weld County, Colorado
WHEREAS,pursuant to certain Conditions of Approval in said Staff Approval,the Board has
been presented with an Improvements Agreement(Landscape Improvements)between the County
of Weld, State of Colorado, by and through the Board of County Commissioners of Weld County,
and Big R Manufacturing, LLC,with terms and conditions being as stated in said agreement, and
WHEREAS,after review,the Board deems it advisable to approve said agreement, a copy
of which is attached hereto and incorporated herein by reference,with the requirement for screening
to be deferred until new construction and/or development occurs on the adjacent property to the
south.
NOW,THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld
County, Colorado, that the Improvements Agreement (Landscape Improvements) between the
County of Weld, State of Colorado, by and through the Board of County Commissioners of Weld
County, and Big R Manufacturing, LLC, be, and hereby is, approved.
2005-0785
PL1767
if ° tL , act), 4PPL
IMPROVEMENTS AGREEMENT- BIG R MANUFACTURING, LLC
PAGE 2
e above and foregoing Resolution was,on motion duly made and seconded,adopted by
vote on the 9th day of March, A.D., 2005.
trOtih
ert BOARD OF COUNTY COMMISSIONERS
w WELD COUNTY, COLORADO
ATTEST:
William H. Je <e, Chair
Wel unty Clerk to the Board
�J / . J. ile, Pr -
BY: &Lzh (/,.G�J G�
Deputy Clerk the oard
Da i E. Lon
AP AST �i\f
Robert D. asden
ounty Attorney EXCUSED
Glenn Vaad
Date of signature: a-
2005-0785
PL1767
Patti MEMORANDUM
Wi` a TO: Board of County Commissioners
COLORADO DATE: March 8, 2005
FROM: Kim Ogle, Planning Manager
SUBJECT: Improvement Agreement for WSW, Inc.
(Big R Manufacturing)
Amended Site Plan Review (AmSPR 188)
Big R Manufacturing in conjunction with the Department of Planning Services requests that the
Board of County Commissioners accept the proposed Improvements Agreement for Amended
Site Plan Review, 188 which seeks a deferment of the outdoor screening requirement to a
future date unspecified.
Big R Manufacturing requests that all screening of adjacent property's be deferred until such
time that new construction and/ or development on adjacent property to the south occurs. At
this future date unspecified, Big R Manufacturing will construct an opaque fence and/or plant a
vegetative screen to mitigate the issue of outdoor storage of their property.
The Department of Planning Services recommends that the Board of County Commissioners
accept the Improvements Agreement without the requisite collateral for site improvements.
8434 Weld County rlr. -t
[-EP 7,
IMPROVEMENTS AGREEMENT
LANDSCAPE IMPROVEMENTS
THIS AGREEMENT, made and entered into this 21 st day of February
20 0 5 , by and between the County of Weld, State of Colorado, acting through its Board of
County Commissioners, hereinafter called"County," and Big R Manufacturing, LLC,
hereinafter called "Applicant.
WITNESSETH:
WHEREAS, Applicant is the owner of or has a controlling interest in the following
described property in the County of Weld, Colorado:
WHEREAS, a final Site Plan of said property, to be known as W.S.W. , Inc.
Case Number SPR- 1 88 , has been submitted to the County for approval; and
WHEREAS, § 2-3-30 A.l.of the Weld County Code provides that a final Site Plan shall
be accompanied by collateral guaranteeing the construction of landscape improvements shown
on the plans and supporting documents of the Site Plan, which improvements are listed in
Exhibit"A"of this Agreement.
NOW, THEREFORE, IN CONSIDERATION OF the foregoing and the acceptance and
approval of said final Site Plan and subsequent issuance of required building permit(s), the
parties hereto promise, covenant and agree as follows:
1. Construction: Applicant shall furnish and install, at its own expense, the private
improvements listed on Exhibit "A"which is attached hereto and a part hereof by this
reference.
A. Construction shall be in strict conformance to the approved Site and
Landscape Plans.
B. At all times during the construction, the County reserves the right to inspect
the work. Any work not meeting the intent of the plan shall be replaced to
conform to the approved plans at the Applicant's expense.
C. The work shall be completed within nine months of the applicant being
provided notice of the recording of a Site Plan for the property to the I-3 zoned
property to the North East [ W2NW4 29-6-65 Lying E OF UPRR Main Track
except 11.25 ac deeded to UPRR Book 292 Page 523; also except beginning NW
11111111111111111 1111 1111 111111IIIIII11111u1 IIII IIII 2005 0785
3274894 04/06/2005 12:59P Weld County, CO
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at -767
corner S89D57'E 193.82' S89D57'E 102.67' S13D02'E 1788.81 to true POB
774.58' along arc curve 1 radius 954.93 C/A 46D28' Chord S36D16'E 753.52'
N36D16'W 753.52' to true POB ] of the subject property. The County
Commissioners may grant extensions at their discretion following consideration at
a regular business meeting of the Board..
D. The Applicant intends to develop the Site in accordance with the approved
Landscape plans.
2. Request for Release of Obligation: Prior to release of the obligation to construct
the improvements set forth in Exhibits "A", the Applicant will present a
statement of Substantial Compliance from a Landscape Architect or allied
Professional stating that, to the Professional's best knowledge and belief, the
improvements or portion thereof, have been completed in substantial compliance
with approved plans and specifications. Said Statement(s) of Compliance will be
issued to the Weld County Department of Planning Services for review and
preparation of a recommendation to the County Commissioners.
This agreement may be released only by resolution of the Board of County
Commissioners approved in a regularly scheduled business meeting.
3. Successors and Assigns: This Agreement shall be binding upon the heirs,
executors, personal representatives, successors and assigns of the Applicant, and
upon recording by the County, shall be deemed a covenant miming with the land
herein described, and shall be binding upon the successors in ownership of said
land.
4. Enforcement: In lieu of the posting of collateral, the Applicant agrees that this
agreement may be enforced by the Board, at the discretion of the Board, in the
following manner:
(A) By specific performance to require the installation of landscaping
(B) By injunction or other equitable relief to preclude the further use of
the subject property without installation of the landscaping
(C) The parties agree that the damages in the event of a breach by
applicant are difficult to ascertain at this time, and that they intend
to provide liquidated damages in the amount of$
which is a reasonable estimate of the cost of installing the
landscaping.
(D) The Applicant shall be responsible to pay all costs and attorney
fees incurred by County.
(E) No action to enforce this agreement shall be filed without first
providing applicant 60 days notice and opportunity to cure.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed
on the day and year first above written.
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3274894 04/06/2005 12:59P Weld County, CO
2 of 4 R 0.00 D 0.00 Steve Moreno Clerk& Recorder
gte 4114 361 l �� • BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
sue'{ E BOARD OF
`' . `,It �s'I OMMISSIONERS TK
William H. Jerke, Chair
) N
By: 2Gi'/'
Deputy C rk the Board M. Ge'le, ha' Pro-Tem
APPROVF1 AS TO FORThi-77
/� David E. Long
A1outomer
-
y LW. \
\INNO
Robert D. Masddn
llGlenn Vaa
APPLICA T.
By:
Title: iztotS6
SUBSCRIBED AND SWORN to before me this at&day of .'4,9h 2006 .
O{..,ts� ;w,m4
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W • �'',/tloq,
Notary Public g ikt�y�+'Srry�j'«,;:e,
�ryS-'1 1' h s' '•t'
MY COMMISSION EXPIRES
My Commission expires: FEBRUARY 19, 2008
M:\W PFILES\AGREE\PRIV ATEPARK&LANDI M PRO V E.WPD
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3274894 04/06/2005 12:59P Weld County, CO
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EXHIBIT "A"
TO
IMPROVEMENTS AGREEMENT
The improvements shall consist of an opaque screening (which may, at
Applicant's option, consist of vegetation supported by drip irrigation system) along the
shared border between Applicant's property and the neighboring property to the North
East described in Paragraph 1.C. of the Improvements Agreement. The cost of such
improvements shall be shared by Applicant and the owner of such neighboring property.
IN 11111 IIIII IIII 111111111111111111 III IIIII III!III!
432018944R004/.0006/200050.0 120 Steve Moreno Clerk& Recorder
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